Retos Del Derecho P Blico En La Tercera D Cada Del Siglo Xxi Libro Homenaje Al Profesor Jos Luis Villegas Moreno

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Judicial Review In Comparative Law

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Author : Allan R. Brewer Carias
language : en
Publisher: Ediciones Olejnik
Release Date : 2023-11-24

Judicial Review In Comparative Law written by Allan R. Brewer Carias and has been published by Ediciones Olejnik this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-24 with Law categories.

"All over the world, in all democratic States, independently of having a legal system based on the common law or on the civil law principles, the courts – special constitutional courts, supreme courts or ordinary courts – have the power to decide and declare the unconstitutionality of legislation or of other State acts when a particular statute violates the text of the Constitution or of its constitutional principles. This power of the courts is the consequence of the consolidation in contem-porary constitutionalism of three fundamental principles of law: first, the existence of a written or unwritten constitution or of a fundamental law, conceived as a superior law with clear supremacy over all other statutes; second, the “rigid” character of such constitution or fundamental law, which implies that the amendments or reforms that may be introduced can only be put into practice by means of a particular and special constituent or legislative process, preventing the ordinary legislator from doing so; and third, the establishment in that same written or unwritten and rigid constitution or fundamental law, of the judicial means for guaranteeing its supremacy, over all other state acts, including legislative acts. Accordingly, in democratic systems subjected to such principles, the courts have the power to refuse to enforce a statute when deemed to be contrary to the Constitu-tion, considering it null or void, through what is known as the diffuse system of judicial review; and in many cases, they even have the power to annul the said unconstitutional law, through what is known as the concentrated system of judicial review. The former, is the system created more than two hundred years ago by the Supreme Court of the United States, and that so deeply characterizes the North American Constitutional system. The latter system, has been adopted in consti-tutional systems in which the judicial power of judicial review has been generally assigned to the Supreme Court or to one special Constitutional Court, as is the case, for example, of many countries in Europe and in Latin America. This concentrated system of judicial review, although established in many Latin American countries since the 19th century, was only effectively developed particularly in the world after World War II following the studies of Hans Kelsen. Of course, during the past thirty years many changes have occurred in the world on these matters of Judicial Review, in particularly in Europe and specifically in the United Kingdom, where these Lectures were delivered. Nonetheless, I have decided to publish them hereto in its integrality, as they were: the written work of a law professor made as a consequence of his research for the preparation of his lectures, not pretending to be anything else, but the academic testimony of the state of the subject of judicial review in the world in 1985-1986". Allan R. Brewer–Carías.

The Inter American System For The Protection Of Human Rights

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Author : Héctor Faúndez Ledesma
language : en
Publisher:
Release Date : 2007

The Inter American System For The Protection Of Human Rights written by Héctor Faúndez Ledesma and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with American Convention on Human Rights categories.

Challenging European Citizenship

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Author : Agustín José Menéndez
language : en
Publisher: Springer
Release Date : 2019-08-06

Challenging European Citizenship written by Agustín José Menéndez and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-06 with Political Science categories.

This book provides a critique of the way in which European citizenship is imagined and practiced. Setting their analysis in its full historical context, the authors challenge preconceived ideas about European citizenship on the basis of a detailed reconstruction of political, social and economic practice. In particular, they show the extent to which the elimination of formal internal borders within Europe has come hand in glove with the emergence of new socio-economic boundaries and the hardening of external borders. The book concludes with a number of concrete proposals to forge a genuinely post-national form of membership.

The Living Constitution

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Author : David A. Strauss
language : en
Publisher: Oxford University Press
Release Date : 2010-05-19

The Living Constitution written by David A. Strauss and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-19 with Law categories.

Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Public Administration And Law

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Author : David H. Rosenbloom
language : en
Publisher: CRC Press
Release Date : 2010-06-23

Public Administration And Law written by David H. Rosenbloom and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-23 with Political Science categories.

Since the first edition of Public Administration and Law was published in 1983, it has retained its unique status of being the only book in the field of public administration that analyzes how constitutional law regulates and informs the way administrators interact with each other and the public. Examining First, Fourth, Fifth, Eighth, and Fourteenth Amendment rights as they pertain to these encounters, it explains how public administrators must do their jobs and how administrative systems must operate in order to comply with constitutional law. Explores the conflicts between laws The book begins by presenting a historical account of the way constitutional and administrative law have incrementally "retrofitted" public agencies into the nation’s constitutional design. It examines the federal judiciary’s impact on federal administration and the effect of the nation’s myriad environmental laws on public administration. Next, it focuses on the role of the individual as a client and customer of public agencies. In a discussion of the Fourth Amendment, it examines street-level encounters between citizens and law enforcement agents. Responding to the rise of the new public management (NPM), it also adds, for the first time in this edition, a chapter that analyzes the rights of the individual not only as a government employee but also as a government contractor. Enhanced with numerous references The final chapters of the book address issues concerning the rights of inmates in administrative institutions and balancing the need to protect individual rights with the ability of agencies to function effectively. Supplemented with case citations and lists of articles, books, and documents, this text is designed to facilitate further study in a constantly evolving area. About the Authors: David H. Rosenbloom, Ph.D. is Distinguished Professor of Public Administration in the School of Public Affairs at American University in Washington, D.C., and Chair Professor of Public Management at City University of Hong Kong. Rosemary O’Leary, Ph.D., J.D. is Distinguished Professor of Public Administration and the Howard G. and S. Louise Phanstiel Chair in Strategic Management and Leadership at Syracuse University. Joshua M. Chanin, M.P.A., J.D. is a Ph.D. candidate in Public Administration and Justice, Law, and Society in the School of Public Affairs at American University in Washington, D.C.

Precision Medicine For Investigators Practitioners And Providers

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Author : Joel Faintuch
language : en
Publisher: Academic Press
Release Date : 2019-11-16

Precision Medicine For Investigators Practitioners And Providers written by Joel Faintuch and has been published by Academic Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-16 with Science categories.

Precision Medicine for Investigators, Practitioners and Providers addresses the needs of investigators by covering the topic as an umbrella concept, from new drug trials to wearable diagnostic devices, and from pediatrics to psychiatry in a manner that is up-to-date and authoritative. Sections include broad coverage of concerning disease groups and ancillary information about techniques, resources and consequences. Moreover, each chapter follows a structured blueprint, so that multiple, essential items are not overlooked. Instead of simply concentrating on a limited number of extensive and pedantic coverages, scholarly diagrams are also included. Provides a three-pronged approach to precision medicine that is focused on investigators, practitioners and healthcare providers Covers disease groups and ancillary information about techniques, resources and consequences Follows a structured blueprint, ensuring essential chapters items are not overlooked

Crime And Punishment In Latin America

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Author : Ricardo D. Salvatore
language : en
Publisher: Duke University Press
Release Date : 2001-09-20

Crime And Punishment In Latin America written by Ricardo D. Salvatore and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-09-20 with History categories.

DIVEssays in collection argue that Latin American legal institutions were both mechanisms of social control and unique arenas for ordinary people to contest government policies and resist exploitation./div

Privatization And Regulatory Change In Europe

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Author : Michael Moran
language : en
Publisher: Open University Press
Release Date : 1994

Privatization And Regulatory Change In Europe written by Michael Moran and has been published by Open University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Business & Economics categories.

The Province Of Administrative Law

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Author : Michael Taggart
language : en
Publisher: Bloomsbury Publishing
Release Date : 1997-06-01

The Province Of Administrative Law written by Michael Taggart and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-06-01 with Law categories.

During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.

Law And Administration

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Author : Carol Harlow
language : en
Publisher: Cambridge University Press
Release Date : 2009-08-20

Law And Administration written by Carol Harlow and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-20 with Law categories.

A contextualised study setting out the foundations of administrative law, with discussion of case law and legislation to show practical application.